0
ILLINOIS PO LU
ONTROL BOARD
Ma ch 8, 2006
IN
ER OF:
)
PROPOSED AMENDMENTS TO
)
DISSOLVED OXYGEN STANDARD 35 ILL .)
(Rulema g - Water)
ADM. CODE 302.206
)
DATE, TIME, PLACE:
FOURTH HEARING: TUESDAY, APRIL 25, 2006, 10 :00 a.m.
Illinois Environmental Protection Agency
North Entrance
TQM Room
1000 E. Converse
Springfield, Illinois
PURPOSE OF HEARING :
Merit and econo c
ATTENDING BOARD MEMB
Andrea S . Moore
HEARING OFFICER:
Richard R. McGill, Jr.
In compliance with the Americans With Disabilities Act and other applicable federal and State laws, the hearings will be accessible to
individuals with disabilities
. Persons requiring auxiliary aids should contact Dorothy Gunn, Clerk of the Board, 100 West Randolph Street,
Suite 11-500, Chicago, Illinois 60601, at telephone number (312) 814-3620, or TDD number (312) 814-6032, at least five days before the
particular hearing .
NOTICE OF HEARI G
HEARING OFFICER ORDER
On April 19, 2004, the Board received a rulemaking proposal from the Illinois
Association of Wastewater Agencies (IAWA) . IAWA seeks to amend the Board's rule
establishing general use water quality standards for dissolved oxygen (35 Ill . Adm. Code
302.206)
. In a May 6, 2004 order, the Board accepted the proposal for hearing. The Board has
held three hearings : June 29, 2004
in Chicago; August 12, 2004 in Springfield ; and
August 25, 2005 in Chicago.
At the conclusion of the third hearing, the Illinois Environmental Protection Agency
(Agency) asked to have the opportunity to continue stakeholder discussions regarding the
dissolved oxygen standard and to file a status report on those discussions in two months . In
accordance with the hearing officer's order, the Agency filed a status report on October 28, 2005 .
At the Agency's request, the hearing officer required further status reports from the A
y,
which were filed on November 30, 2005 and January 31, 2006
. The Agency's last report
provided that the Agency and the Illinois Department of Natural Resources (DNR) were
continuing to develop a State position concerning Illinois' current dissolved oxygen standard .
The status report further stated that the Agency and DNR intended to be ready to proceed to
hearing as early as March 2006
.
As noted above, the fourth hearing in this rulemaking is scheduled for April 25, 2006, in
Springfield, beginning at 10 :00 a.m. The primary purpose of the hearing is to receive testimo
from the Agency and DNR and to allow for the questioning of their witnesses. Any persons who
wish to testify at the fourth hearing must prefile their testimony and any related exhibits with the
Board no later than April 4, 2006 .
See 35 Ill . Adm. Code 102 .424. The "mailbox rule" (35 111 .
Adm. Code 101 .300(b)(2)) does not apply to this filing
therefore, the Clerk of the Board must
receive the prefiled testimony by April 4, 2006 . Those who prefile must be prepared to provide
oral summaries of their prefiled testimony at hearing . Other who did not prefile may testify at
the fourth hearing only as time permits and at the discretion of the hearing officer . All persons
who testify will be sworn and subject to questioning.
IA WA's proposal and other filings in this rulemaking, including the transcripts of the first
three hearings, may be obtained on the Board's Web Site through the Clerk's Office On-Line
(COOL) at www.ipcb.state .il.us.
Please note that prefiled testimony may be filed through
COOL. Any questions about electronic filing through COOL should be directed to the Clerk's
Office at (312) 814-3629 .
Prefiled testimony filed with the Board must also be served on those persons on the
Service List
. Before filing with the Clerk, please check with Sandy Wiley at (312) 814-3623 or
wileys~a` ipcb.state.il .us or the hearing officer to ensure that you have the most recent version of
the Service List
.
IT IS SO ORDERED .
3
Richard R
. McGill, Jr.
Hearing Officer, Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-6983 mcgillr@ipcb . state . il. us
